The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-11-30
THE CASE OF JACOB SHARP.
The New York Court of Appeals Grants a
New Trial for the Big Bribe-Giver.

ALBANY, N Y, Nov. 29-The Court of Ap-
peaIs handed down its decision in the Jacob
Sharp case this morning. 1t reverses the decis-
Ion of the lower court and orders q new trial.
The decision says:
During the trial exceptions were taken in
behalf OF the defendant to several decisions Of
the trial court in admitting, against his objec-
tions, certain items. of testimony which 1t is
conceded were material, and without which il is
claimed by the appellant conviction could not
might not have been obtained. First among
others, the counsel for the prosecution proved
that the defendant examined witness
before committee of the Senate of this State
appointed to investigate, among other things,
the methods of the Broadway Railway
Company, In obtaining such consent,
and also also the action in respect
which granted, or of any member thereof who
voted for the same. and that he. upon that
casion, gave testimony which the learned
counsel for the prosecution claimed to be ir-
REPUTABLE evidence of his participation and COM
plIcity in the commission of the crime. This
testimony the prosecutor offered in evidence
Its admission the trial was objected to on the
ground that 1t given under privileged cir
cumstances; that the defendant was compelled
TO attend and testify, and that evidence thus
elected was not competent upon the trial OF
person where the subject under inquiry is that
about which he was then iaterrogated"
The court decides that the admission of this
testimony contrary TO Section 10 of the
penal code and was therefore an error. The ad-
mission OF the ROt6le testimony was held to have
been error. Another error was found in the
examination of the witness, ex.Alderman Miller
The court also held that error was committed
IN admitting the evidence of detectives regard
ing the absence from the State of Moloney s. Co.,
and their presence in Canada. The admission
of Phelps's testimony is also pronounced an
error
New YORK, Nov 29-When the news of the
Sharp decision reached the county courthouse
it created considerable stir among the lawyers
present in the numerous courts. The general
opinion seemed TO be one of approval. Mr..
Clark. law partner of Congressman Burke Coch-
ran, who argued the case on appeal, on receiving
the news at once started for Ludlow-street Jail
TO convey the glad tIdings to Jacob Sharp. He
first Mrs. Sharp. She cried with joy, and
said she had heard so many rumors that she
found it difficult to believe. She then broke the
news to her husband. He manifested
ton whatever. and seemed even to take but lit
ne has fallen into moody. stolid state of indif-
ference to all outward things, from which is
seems impossible to arouse him.
Congressman w. Bourke Cochran. of counsel
for Sharp, said to-nghf: 'The decision of Judge
Danforth sustained all four of the points in the
brief on which l argued, ruling inadmissible
the evidence before the Senate committee given
by Sharp the Miller testimony. the Pottle case,
and the evidence given of the fight of the alder
meu to Canada No evidence on these four
points would therefore be admissible in a future
trial This emasculates the prosecution. Wheth-
er enough remains TO leave to stand on.
Of course remains for the district attorney to
decide" Mr. Cochran added that admission to
bail would be asked.
the testimony taken before the investigating
committee and the evidence of Pottle
cluded, he believed that conviction cond be
secured. On the matter OF bail, Mr.. MARITIME
said that If the case was to be tried i'm ediately
she district attorney would oppose a motion to
admit Sharp to bail. but it now looked the
case could not be tried before January. and he
believed the court would grant motion to ad
init him to bail.